McINNIS v. COOPER COMMUNITIES, INC.

No. 80-254.

611 S.W.2d 767 (1981)

Ellis W. McINNIS et ux., Appellants, v. COOPER COMMUNITIES, INC., Appellees.

Supreme Court of Arkansas.

February 23, 1981.


Attorney(s) appearing for the Case

Cockrill & McGhee, Little Rock, for appellants.

Richard H. Smith, Bentonville and Catlett & Henderson, Little Rock, for appellees.


HOLT, Justice.

Appellants brought suit to have a note and mortgage declared usurious and void, in violation of Art. 19, § 13 of the Constitution of Arkansas (1874), which restricts the charge of interest to 10% annually. Appellee responded that the loan, bearing 12% interest, was valid, because it came within the preemptive provisions of the Depository Institutions Deregulation & Monetary Control Act of 1980, 94 Stat. 132. Both parties filed a motion for...

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